CVSA to Urge FMCSA to Limit Truck Driver Conveyance Time
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Commercial motor vehicle inspectors have quietly gathered data on truck driver personal conveyance time and are making plans to soon ask regulators to limit the use of to two hours.
Collecting data during more than 41,000 roadside inspections, leaders at the say they are convinced that improper driver use of personal conveyance time is on the rise, and that federal crash data shows that drivers who improperly use conveyance are four times more likely to get in an accident — and have higher out-of-service rates.
The inspections, which included interviews with drivers whose electronic logging devices recorded conveyance time, revealed that 38% of drivers used the conveyance time improperly.
In the next few weeks, CVSA plans to file a petition with the seeking revisions to regulatory requirements for driver personal conveyance, according to Adrienne Gildea, deputy executive director at CVSA.
“There are a number of areas where we think the FMCSA has to provide more clarity with what is, and is not, actually personal conveyance,” Gildea said. “So our petition will seek to cap the time which will limit the appeal of drivers improperly using it to extend their driving time.”
“We wanted to get a better statistical look at how drivers are using personal conveyance, and how often they’re using it improperly,” said Jeremy Disbrow, a CVSA roadside inspection specialist. “The nearly 40% improper personal conveyance use is a little bit alarming. That tells me that there’s probably some confusion or some drivers are using conveyance as an intentional loophole.
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“Either way it needs to be clarified and cleaned up a little bit,” Disbrow added.
“Say you’re driving south,” Gildea said. “This will allow you to drive an hour west to visit your brother, or 30 minutes one way to pick up your prescriptions, or any other number of reasons why a driver should be allowed to use personal conveyance. It essentially allows them to grab food or run a personal errand, or do things on their time off. But it is not intended to give anybody two extra hours to extend their driving time for the purpose of moving their load.
“It’s when you’re driving the truck but you’re not working,” she added.
In two attempts over four years, CVSA has failed to persuade federal trucking regulators to strengthen guidance for stopping a rise in truck drivers improperly using personal conveyance to stretch the hours they drive. One of the requirements of personal conveyance use is that drivers cannot use it to advance their load after their driving hours are done.
This time the inspectors group believes it has the data to convince FMCSA to make the conveyance requirements include a two-hour time limit.
In addition to requesting the two-hour cap on use of personal conveyance in a calendar day, CVSA’s petition will ask FMCSA to consider:
- Prohibiting time spent in personal conveyance from counting as “off-duty” time.
- Requesting official written guidance that states it is not acceptable to continue driving after reaching an hours-of-service limitation to get to a “safe haven” because there is no available parking.
- Requesting clarification for “enhancing operational readiness.”
- Requesting official written guidance that states an owner-operator cannot use personal conveyance to return home or leave home.
- Defining “yard move.”
- Clarifying the difference between personal use and personal conveyance.
CVSA’s leaders say that the current guidance on the use of personal conveyance is incomplete, which adversely affects safety by allowing drivers to utilize personal conveyance to drive beyond the hours-of-service limits, increasing the risk of fatigued driving. The lack of clarity in the regulations can make it difficult for inspectors to identify the misuse of the provision, further incentivizing abuse of the personal conveyance designation.
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CVSA said that drivers using proper reasons for conveyance include en route for food, lodging or entertainment; commuting home to terminal/drop lot; safe location after loading/unloading; moving CMV at direction of law enforcement; and transporting personal property.
Some of the improper uses include extending HOS limitations with personal conveyance; owner-operator traveling to/from residence for business; picking up or dropping off cargo; enhancing operational readiness; and continuation of trip to fulfill business purpose.
